The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-28
THE SUPREME COURT.

Msjor Runkle Wins His Suit-The Indiana
+ Supreme Court Overruled.
WASHINGTON. May 2Z-The United States
Supreme Court rendered decisions to-day in
about forty The telephone cases were
not among them. and only a few of the judg-
nnents announced were of general interest. The
petition for hearing of the Maxwell land grant
was denied. The court adjourned for the
term Among the cases decided were the fol-
lowing:
Nos 259 and 26o. Benz P. Runkle against tn .
United States and the United States aeains {
Runkle; appeals from the Court of Claims. The
controversy in this case relates to the pay Of
Major B. P. Runkle. retired army officer. who
was tried by a court martial. June %, 1882,
found guilty and dismissed from the service for
violation of the act of Congress of March 2,
1868, and for conduct un becoming officer and
gentleman, but who was afterwards by order
OF President HAYES dated Aug. 4, 1877 restored
to the service. The Court Of Claims found, as
sbs cssa ,hat ,ha c,oi.n. .ne ac a.
titled to longevity pay and that the United
States not entitled under their counter
claim, to recover the ray received by the claim
ant as a retired major which accrued after Aug
4. 1877. amounting to $l4, 800. From the judg-
ment in accordance with these conclusions, both
parties appealed. As the sentence of the court
martial involved the dismissal of Rnnkle from
the army it could not have become operative
until approved by the President. after the whole
proceedings of the court-n artial had been
laid before him. The most important question
in the case, therefore, is whether that approval
has been positively shown. If the sentence dis
approved by President Grant. and if,
it positively appears it was afterwards
disapproved by President Rayes. Runkle was
never legally out of the service. This court
holds in long opinion by Chief justice Waite,
reviewing all the papers and proceedings in the
case that it does not positively and distinctly
pear that the PROCEEDINGS of the court martial
have ever. in fact. been approved or confirmed by
the President of the United States as the articles
of war require, before the sentence could be
ried into execution. and that consequently Major
RunkIe was never legally cashiered or dismissed
from the army. and is entitled to his longevity
pay, as well as that which he has already re-
ceived for his regular pay, both before the ordef
wards The judgment of the Court of Claims il
reversed and the cause renanded
No 267 The Western Union Telegraph Com
pany against William Pendleton; in error to the
Supreme Court of Indiana This suit was
brought by the sender Of telegram from Shell
byville, Ind, to Ottumwa, Ia. to recover a PEN
atty of ono hundred dollars under a statute of
Indiana prescribing the manner in which tele-
grams shall be sent and delivered The COM
plainant alleged that his telegram had been put
in the postofice at the point of destination, in
stead of being delivered, and that this
was in violation of the Indiana statute. The
could not constitutionaly regulate the method
of delivery of a telegram in another State. be-
cause such action would be regulation of inter-
state commerce This court, upon the author
itv of Telegraph Company vs. Texas tl05 U. S.
460), Pensacola Telegraph Coppany vs. Western
Union Telegraph Company 1876 q. S. H. and
other cases, holds that the ATTEMPTED regulation
by Indiana of the mode in which messages sent
by telegraphic companies dong business within
her limits shall be delivered in other
impedimenr to the freedom of that
form of interstate commerce which is as much
beyond tie power of Indiana to interpose
the imposition of tax by the State of Texas
upon every message transmitted by n telegraph
company within her limits to other States.
beyond her power Whatever authority the
State may possess over the transmission and de-
livery of messages by telegraph companies
within its limits it does not extend TO the deliv-
cry of messages in other States. The judgment
of the Supreme Court of Indiana is reversed.
and the cause rernanded. Opinion by Justice
Field
No 974. The United States. appellant. against
the Maxwell Land-grant Company; appeal from
the United States circuit for the district OF Col
orado. This q petition for rehearin0 of
the Maxwell land grant case. recently decided by
this court. In long opinion by Justice Miller.
reviewing the grounds upon which rehearing is
asked for. the court denies the petition. The
court has considered, Mr.. Justice Miller
says. all the points suggested in the petition
with the utmost The court was thoroughly
impressed with the Importance OF the case, not
only as regarded the extent of the grant and it's
value, but also account of its involving prln-
ciples which will become preeedenrs in cases OF
a similar nature, now rapidly increasing in num-
ber 1t was, therefore. given a most careful
examination. and this petition for reheariug
has had a similar attentive consideration. The
result is that the court is entirely satisfied
that the grant, as confirmed by the action of
Congress- is q valid grant; that the survey and
the patent issued upon it. as we'll as the original
grant by Armiio. entirely free from any
fraud on the part of the grantees or those claim
ing under them and that the decision could be
no other than that which the learned judge OF
the Circnit Court below made and which this
court affirmed. The petition for a rehearing is
tn erefore denied.
The Chief-justice announced the following
order: lit is now here ordered by the court that
all the cases the docket not decided, and all
the other business of the term not disposed of by
the court, be, and the same is hereby continued
until the next term of court"
A SOLDIERS QUERIES.